£5000 DAMAGES CLAIM

Dominion, Volume 31, Issue 203, 25 May 1938, Page 5

£5000 DAMAGES CLAIM

Destruction Of Flax By Fire PROPERTY-OWN ER SUED A lire which destroyed a large area ut flax at Mangaroa in November last termed the basis of a claim for £sooo_<laniages brought before Mr. Justice Blair and a jury of 12 in the Supreme Court yesterday by the Wellington Flax Co. against Sir Kenneth Douglas, solicitor. It was alleged that Sir Kenneth, who is the owner of an adjoining property, was responsible for the tire. The defence was a complete denial of liability.

Mr W. E. Leicester appeared for plaintiffs and Mr. F. C. Spratt for defendant. □‘he individual plaintiffs, members the Wellington Flax Company. were Bercy Higginbottom, merchant, w aiiganui; William Henry Neville Amos, accountant, Wellington; John Ihoinas Benge, merchant, Upper Hutt; Hugh Vickermau, civil engineer, Wellington: Henry Thomas Greedy, fliixinilier. Martinborough ; Richard Henry M ebb. *‘ ax grader, Wellington; Henry Richard Duncan, brewer, Nelson ; Charles M infoi'ten Tringham, solicitor, Wellington ; and the executors of the will of the late D. C. Martin, Anna Martin, widow, Lower Hutt, Alan Crighton Martin, farmer. Whakatane, and Melville Abbot. bank clerk, Ngaio. Mr. Leicester, outlining the ease, said that plaintiffs’ property ut Mangaroa was peat swamp, intersected by miles of drains necessary for the proper cultivation of flax. The property was practically surrounded by land belonging to Sir Kenneth Douglas and farmed on his behalf. The fire was lit on Saturday, November 20, in a drain alongside a surveyed but unformed road which divided two large areas of flax owned by plaintiffs. Defendant had the right to use the road, and he did use it to take cattle to bis property. It was no doubt with the idea of cleaning the drain of gorse so th it cattle would not fall into it and become entangled that the fire was lit. Mr. Leicester said evidence would show that it was an exceedingly dangerous place to light, a fire, because it was peat country, and in dry weather it was virtually impossible to extinguish a tire once started. Sir Kenneth Douglas told. a solicitor who informed hjm of the fire that he had lit it or caused it to be tit in the drain. He made no suggestion that anyone else was responsible for the fire, and he said he would go out next (lay and see what could be done. He did go out and he made arrangements for.men to be put on to help extinguish it. Mr. Leicester said the defence was a complete denial of liability, but it was not until about two months after the fire

that Sir Kenneth disputed that anyone but himself had been responsible for the tire. Then he tried to throw the blame on the manager of the flax company's property. About 300 acres had been destroyed. Of that area 50 neres would have to be replanted. Tho case will be continued to-day. '